I'm not a lawyer, but could they be found fully accountable and Trump as well as a co-conspirator?
#12 | POSTED BY GAL_TUESDAY
BTW Charles Manson never physically killed anyone yet he is still a murderer because he was part of a conspiracy to commit murder. That makes Trump an insurrectionist by default.
#13 | POSTED BY LAURAMOHR
18 USC 371 - Conspiracy to commit offense or defraud the U.S.
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.... www.law.cornell.edu
Charging conspiracy requires two elements. 1) an agreement between two or more persons to commit an offense, 2) an overt act by at least one in furtherance of the agreement. For example, if Johnny and Charlie got together and agreed they should break into a house, they haven't yet committed an offence. When Johnny goes to the hardware store and buys a wrecking bar to pry the door open, they have both now committed conspiracy. Also a good example of Charles Manson by Laura. The problem with charging conspiracy, on the part of Trump, in the case of the 1/6 riots/insurrection is proving there was an agreement between Trump and his followers. That's a pretty high prosecutorial bar.
18 USC 2383 - Rebellion or Insurrection, is also a very high prosecutorial bar. www.law.cornell.edu
I still believe 18 USC 2101(a)(1) Incite a Riot is the proper charge regarding Trump, Don Jr, and Rudy. www.law.cornell.edu
Among all the followers, there could be myriad lesser conspiracies within each group. As well as riot charges, trespass charges, assault charges, attempted murder, etc. It will take an army of investigators and prosecutors to sort it out.